Johnston v. Cox

• Decision Date: 09 March 1934
• Citation: 114 Fla. 243,154 So. 206
• Parties: JOHNSTON v. COX et ux.
• Court: Florida Supreme Court

154 So. 206

114 Fla. 243

JOHNSTON v. COX et ux.

Florida Supreme Court, Division A.

March 9, 1934

Suit by Pat Johnston against Robert H. Cox and wife. Decree for defendants, and complainant appeals.

Affirmed in part, and reversed in part. Appeal from Circuit Court, Orange County; M. G. Rowe, Judge.

COUNSEL

Lawrence Rogers, of Kissimmee, and G. P. Garrett, of Orlando, for appellant.

H. N Roth, of Orlando, for appellees.

OPINION

TERRELL Justice.

January 25, 1924, appellees employed P. A. Vans Agnew of Winter Park and Johnston and Garrett of Kissimmee, Fla., to 'straighten out' the title to their lands in Orange county. The pertinent part of the contract of employment omitting the formal parts, is as follows:

'We hereby employ you as our attorneys to straighten out the title to our property in Orange County, Florida, where R H. Cox is now residing, upon the following terms with reference to fees and costs:

'Fee to be contingent and to be 33 1/3% of anything realized out of the property involved in the suit. The property involved in the suit is the property in the City of Orlando, Orange County, Florida, upon which R. H. Cox is now living. The costs are to be paid by us, and a cost deposit of $200.00 is to be made. This cost deposit is to be paid whenever you demand it, with additional cost deposit as required.

'We hereby agree, in consideration of your representing us in this matter, to abide by your judgment and decisions in all respects and authorize you to take any steps in connection with the same that you may deem best in our interest, and agree to comply with any terms of settlement of compromise that you may make in our names or on our behalf, and consent that you may use our names in any proceedings that you may undertake for us and that no settlement or adjustment will be made by us and no steps taken by us in regard to the above matter, except with your consent, and through you.

'It is understood that from this date you are interested in the property with us and any sale, settlement, compromise, or disposition of the property and all matters in controversy will be made through you and your percentage as above stated is to be paid you out of the proceeds of any such sale, settlement, compromise, or disposition of said property, and no such sale, settlement, compromise, or disposition shall be made by us save with your consent.

'For the purposes aforesaid, and in consideration of your services aforesaid, we sell, convey, transfer, and assign to you and your heirs and assigns the interest above mentioned in the above mentioned property, to-wit 1/3 of said property, or value thereof.

'This the 25th day of January A. D. 1924.'

Said contract is attested by two witnesses and is acknowledged by appellees, including the separate acknowledgment of appellee Jessie H. Cox, as the wife of R. H. Cox.

Pursuant to said employment, suit was instituted in the United States District Court, Southern District of Florida, for the purpose of removing a cloud on the title to the lands referred to in the contract which was predicated on a claim held by James M. Cawood as administrator of the estate of J. T. Cawood. Pending this litigation, said claim was compromised by payment to James M. Cawood the sum of $6,000 in full settlement of and release therefrom. Vans Agnew and Garrett withdrew from the litigation at the time this compromise was agreed on, Johnston personally paid the $6,000, and took the deed to the lands from James M. Cawood as administrator in his own name. Nothing else appears to have been done in the matter of 'straightening out' the title. Johnston acquired all the interest of Vans Agnew and Garrett in the contract with appellees when they withdrew, and offered to convey to them (appelless) all interest he acquired in the premises through the Cawood deed on compliance by them (appellees) with the terms of the contract.

The instant suit was brought by Johnston September...